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Exploring N.J.A.C. 6A:14 for the School Based SLP

Presented by:Mary Faella, MA, CCC-SLP

Learner Outcomes:• Improved ability to reference citations in 6A:14 to

support decision making for students requiring speech language services

• Access additional resources beyond the code for decision making for students requiring speech language services

• Gain an improved understanding of the pre-referral process decision making that leads students into the special education system

Before we begin

“Can you speak Special Ed ?”: (read below)

The CST, is going to review the FBA and the PLAAFP for Jose who is receiving ESL, ESLS and has ADHD, classified SLD, before discussing LRE for the IEP conference. The LRE considerations would be supplementary instruction/replacement instruction that may be provided in a general education class or in a pull‐out classroom or special class programs, or vocational rehabilitation.

If you can’t figure this out, think how parents/guardians and kids must feel!

Laws Overview of Special Education N.J.A.C. 6A:14

Overview of Intervention and Referral Services (I&RS, ADA, 504, NJTSS)

Following the Code for both Eligible for Special Education and Related Services (ESERS) and Eligible for Speech‐Language Services (ESLS)

Resources

Topics

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Confidentiality Ethical Responsibility Only persons who have educational responsibilities Discussion of a student in ANY public area is both illegal

and unethical Records Access to School Records Written parental consent for release of information Rights are transferred to student at age 18

The Laws‐Family Educational Rights and Privacy Act (FERPA)

Confidentiality Ethical Responsibility Only persons who have educational or medical

responsibilities within the team Discussion of a student in ANY public area is both illegal

and unethical Records Access to Medical Records only done through school

system Written parental consent for release of information Rights are transferred to student at age 18

The Laws‐Health Insurance Portability and Accountability Act (HIPAA) covered when delivering Medicaid eligible services

The Laws• The U.S. Department of Justice (DOJ) has issued a final rule to amend its Americans

with Disabilities Act (ADA) regulations in order to incorporate the statutory changes to the ADA, which were set forth in the ADA Amendments Act of 2008 and took effect on January 1, 2009.

• The DOJ is making several major revisions to the meaning and interpretation of the termdisability, which is contained in the Title II and Title III ADA regulations, in order to implement the ADA Amendments Act. The revised language clarifies that the term disability shall be interpreted broadly and applied without extensive analysis. It is intended to make it easier for an individual to establish that he or she has a disability. The rule takes effect on October 11, 2016.

• In addition to requiring the definition of disability to be broadly construed, the final regulations:expand the definition of ʺmajor life activitiesʺ by providing a non‐exhaustive list of major life activities that specifically includes the operation of major bodily functions. Noteworthy for speech‐language pathologists, is that ʺwritingʺ was added as an example of a major life activity. Research supports the interrelationships across the language processes of listening, speaking, reading, and writing.

• add rules of construction to be applied when determining whether an impairment substantially limits a major life activity, such as:

•the term ʹʹsubstantially limitsʹʹ shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA; and•an impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population.

Update to ADA

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Background•In response to earlier Supreme Court decisions that significantly narrowed the application of the definition of disability under the ADA, Congress enacted the ADA Amendments Act to restore the understanding that the definition of disability shall be broadly construed and applied without extensive analysis. This rule incorporates the ADA Amendments Actʹs changes to Titles II (nondiscrimination in state and local government services) and III (nondiscrimination by public accommodations and commercial facilities) of the ADA into the DOJʹs ADA regulations to set forth the proper meaning and interpretation of the definition of disability, and to provide additional guidance on how to apply those changes.

•ResourcesFor more information on the final rule, please see the Federal Register [PDF], Vol. 81, No. 155, August 11, 2016, or contact Catherine D. Clarke, ASHAʹs director of education and regulatory advocacy, at [email protected] or 800‐498‐2071, ext. 5611.

Update to ADA

The Laws-Every Student Succeeds Act

(ESSA), Public Law 114-95Key issues for the School Based SLP

•greater flexibility for states to create their own accountability systems, academic goals, reporting, and other requirements•2016–2017 school year is a transitional year from No Child Left Behind (NCLB) to ESSA•contains many new opportunities for NJSHA’s school-based audiologists and speech-language pathologists (SLPs) to

• consult with state and local leaders when developing their state plan;• access more professional learning opportunities; • play a greater role in literacy in the early grades; and • develop more comprehensive early intervening and multi-tiered systems of support

(MTSS) for struggling students. In NJ, the MTSS will be known as NJ Tiered System of Supports (NJTSS)

ESSAESSA requires states to incorporate the following measures into their accountability systems: 1.Student achievement in English language arts and mathematics2.A second academic indicator, such as growth in ELA and mathematics 3.English language acquisition4.Graduation rates, which take the place of a second academic indicator for high schools 5.At least one measure of school quality or student success States are required to disaggregate all indicators, excluding English language acquisition, by the following subgroups of students: economically disadvantaged students; students from major racial and ethnic groups; students with disabilities; and English language learners.

ESSA further requires states to give “substantial weight” to the first four indicators above and “much greater weight” to the combination of those indicators compared with the measures of school quality or student success.

ESSA: Become involved in the process

ESSA requires states to develop new plans for how they will implement the law. The law requires the state to consult with various stakeholders, including those representing specialized instructional support personnel (SISP)—a designation that includes audiologists and SLPs, among other school-based professionals. Therefore, NJ SLPs will have the opportunity to play an important role in providing information to the states as they develop their plans related to professional learning, literacy, and early intervening services and assessments of children with disabilities. Asked to be involved at your local level.

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IDEA (Individuals with Disability Education Improvement Act) 2006‐Federal law entitling every student who meets the definition of a “child with a disability” is entitled to a free and appropriate education (FAPE) in the least restrictive environment (LRE).

History: Special Education

Beadleston Act (1954) NJ Education for All Handicapped Children Act (Public Law 94‐142) (1975‐1990) Reauthorized PL 94-142 and changed the title to IDEA (Individuals

with Disabilities Education Act) in 1990 Reauthorization 1997- significant amendments Reauthorization 2004- significant amendments

The Laws‐IDEA

States receiving Federal money must provide: Free and Appropriate education (FAPE) to children who are eligible for special education ages 3‐21. (in NJ‐ administered through the Department of Education – NJDOE)

Under the age of three children with disabilities are covered by the NJ Early Intervention (EI) System.

EI eligibility does not = special education (SE) eligibility (in NJ‐ administered through Dept. of Health)

SPECIAL EDUCATION WAS ALWAYS MEANT TO BE A SET OF SERVICES THAT FOLLOW A STUDENT NOT A PROGRAM!

New Jersey Administration Code 6A:14NJ Special Education

The right to special education services The right to related services The right to LRE The right to participate in school activities including extra curricular activities

The right to be educated using the NJ CCCS and assessed using state assessment

The right to an individualized education based on need not label or classification

To receive FAPE, progress must be made

Free and Appropriate PUBLIC EducationFAPE

IDEA provides definitions for eligibility, disability categories, etc.

IDEA lists 13 different disability categories.

Disability must affect child’s educationalperformance.

Eligibility for Special Education

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Based on a medical diagnosis of a disability as per the DSM and other medical diagnosis, i.e., Cerebral Palsy, etc.

The diagnosis may or may not affect educational performance. Medical model has many more disability categories than IDEA Used more often for 504 and ADA rather than IDEA Difference in service delivery*

Medical ModelThe criteria: Based on indications that a disability affects a student’s ability to progress in school educationally.

Disability does not = Special Education

Educational Model

How does this happen in New Jersey schools? Below you state Educational Model and 13 disability Classification – It should read

Educational Model and 13 Disability Categories – the classification is ESERS

Project CHILD FIND is a free referral service and public awareness campaign to assist in the identification of unserved/underserved youth with a delay or disability from birth through twenty‐one years of age.

Pre‐referral –Child Find

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NJ Child Find Information

RTIResponse to Intervention (RTI) is a multi‐tier approach to the early identification and support of students with learning and behavior needs.MTSS • Multi‐tiered System of Supports (MTSS) is a framework or guide for implementation of academic and behavioral supports for all students. • There are multiple MTSS models that are being used successfully. MTSS is an enhanced version of an RTI framework. It includes a combination of supports based on Universal Design for Learning, Differentiated Instruction, and behavioral interventions through Positive Behavioral Interventions and Supports (PBIS), when applied at the Schoolwide level is frequently called: SWPBS or SW‐PBIS.• The New Jersey Tiered Systems of Supports (NJTSS) framework is currently under development. NJSHA is a stakeholder in the process.

Pre‐referral‐ Intervention and Referral Services (I&RS) Team

New Jersey Tiered System of Supports, (NJTSS). Similar to a Response to Intervention model, NJTSS will be a framework for schools to implement a continuum of academic and behavior supports to ALL students in an integrated manner affording students with disabilities additional opportunities for inclusion. NJTSS includes universal screening, core instruction incorporating the principles of Universal Design of Learning (UDL), progress monitoring and evidence‐based interventions among other critical components.

Pre‐referral –NJTSS

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General Education, 504 and IDEA

Special Education

IDEA

504

General Education

{ {504

Not Special Education• Unlimited Eligibility

Categories Some assessments and

testing may be required at the district’s expense if school related

Unfunded

SPED/ESLS

Early intervention services

Special Education and Related Services

13 Eligibility (disabling)Categories

Testing and timelines (Under) Funded

504 verses IDEA

504 verses IDEA

• Eligibility criteria• Definition of “disabled” is CRITICAL

• “Disabled” means:• Physical or mental

impairment which substantially limits one or more major life activity;

• Has a record of such impairment; or

• Is regarded as having such an impairment

Physical or mental impairment, alone, is not enough

Difficulty must impair “major life activity”

504 verses IDEA

Caring for one’s self Performing manual

tasks Walking Seeing Hearing Speaking Breathing Working; and Learning

See 34 C.F.R. 104.3(j)

Standard used to determine whether a physical or mental impairment results in a substantial limitation is below average performance in the general population

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Summary of Pre‐Interventions

Here We Go!!!!

PRISE revised Aug 2016

N.J.A.C. 6A:14SPECIAL EDUCATION

Interventions take place (I&RS plan) (usually 40 days) Educational Behavioral Counseling Special Education Teacher or LDTC Consultation Etc. Etc. Etc.

I&RS Team Meets and reviews DATA (after 40 days) Team decides to 1‐ Continue with interventions 2‐ Refer for Special Education CST for a determination to evaluate meeting ( 20 days from parental/I&RS referral)

Eligible for Special Education and Related Services or Eligible for Speech and Language Services

What happens after the referral process?

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If referral for Special Education or Speech‐Language Evaluation (only):

• Request for an Evaluation (parent, teacher, staff member) is made

• Evaluation Planning Meeting (within 20 days of referral) is held to determine what if any evaluations are warranted, can send back to I&RS for further interventions, or declined. • This meeting is also known as Determination Meeting in

which current data is presented and the participants at meeting determine if a CST evaluation is warranted

• If accepted, the Team including parent decides on evaluations needed to be done ( parental consent is obtained) The 90 day clock starts ticking

• Evaluation(s) are completed with written reports(30 days or sooner prior to the 90 days)

Eligible for Special Education and Related Services or Eligible for Speech and Language

Services An Overview of Process

• After Evaluations are completed• An eligibility meeting is held to review

evaluation results and make a determination if the

1‐ Student is Eligible for Special Educationand Related Services

2‐ Student is Eligible for Speech andLanguage Services

or3‐ Student is found ineligible.

Eligibility for Special Education and Related Services or Eligible for Speech and Language Services

Referral to CST • A meeting with CST must be held within 20 calendar days

(excluding school holidays) (6A:14-3.3 (e) Location, referral and identification)

• This group shall determine whether an evaluation is warranted and, if warranted, shall determine the nature and scope of the evaluation, according to N.J.A.C. 6A:14-3.4(a). The team may also determine that an evaluation is not warranted and, if so, determine other appropriate action. The parent shall be provided written notice of the determination(s), which includes a request for consent to evaluate, if an evaluation will be conducted, according to N.J.A.C. 6A:14-2.3.

NJAC 6A:14‐3.3 (e) Location, referral and identification

4. For students ages five to 21, when the suspected disability includes a language disorder, the child study team, the parent, a speech‐language specialist and the general education teacher of the student who has knowledge of the studentʹs educational performance or if there is no teacher of the student, a teacher who is knowledgeable about the districtʹs programs shall participate in the meeting to decide whether to evaluate and the nature and scope of the evaluation.

5. For students ages five to 21, when the suspected disability is a disorder of voice, articulation and/or fluency only, the decision to evaluate and the determination of the nature and scope of the evaluation shall be according to (e) above, except that the meeting shall include the speech‐language specialist, the parent and the general education teacher of the student who has knowledge of the studentʹs educational performance or if there is no teacher of the student, a teacher who is knowledgeable about the districtʹs programs.

Referral to CST

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6A:14‐2.5 Protection in evaluation procedures :

(a) In conducting an evaluation, each district board of education shall:1. Use a variety of assessment tools and strategies to gather

relevant functional and developmental information, including information:

i. Provided by the parent that may assist in determining whether a child is a student with a disability and in determining the content of the studentʹs IEP; and

ii. Related to enabling the student to be involved in and progress in the general education curriculum or, for preschool children with disabilities, to participate in appropriate activities;2. Not use any single procedure as the sole criterion for

determining whether a student is a student with a disability or determining an appropriate educational program for the student; and3. Use technically sound instruments that may assess the relative

contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

Referral to CST(e) After parental consent for initial evaluation of a preschool age or school age student has been received, the evaluation, determination of eligibility for services under this chapter, and, if eligible, development and implementation of the IEP for the student shall be completed within 90 calendar days *

Evaluation‐ 6A:14‐3.4

The evaluation procedures including, but not limited to, tests and other evaluation materials according to N.J.A.C. 6A:14‐3.4


The evaluation should be completed within about 75 days or sooner from receipt of parental consent to ensure that an IEP has been completed and implemented within the 90 days, if appropriate.


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(f) An initial evaluation shall consist of a multi‐disciplinary assessment in all areas of suspected disability. Such evaluation shall include at least two assessments and shall be conducted by at least two members of the child study team in those areas in which they have appropriate training or are qualified through their professional licensure or educational certification and other specialists in the area of disability as required or as determined necessary.

Evaluation‐ 6A:14‐3.4 4. Include a functional assessment of academic performance and, where appropriate, a functional behavioral assessment, an assessment of the language needs of a child with limited English proficiency, assessment of the student’s communication needs, and assessment of the need for assistive technology devices and services.

Each of the following components shall be completed by at least one evaluator: i. A minimum of one structured observation by one evaluator in other than a testing session;

(1) In the case of a student who is suspected of having a specific learning disability, one evaluator shall observe the studentʹs academic performance in the general education classroom;

(2) In the case of a student of preschool age, a child study team member in an environment appropriate for a child of that age;


(g) When the suspected disability is a disorder of articulation, voice or fluency according to N.J.A.C. 6A:14‐3.6(b), the speech‐language specialist shall: 1. Meet with the parent and the studentʹs general education teacher who is knowledgeable about the studentʹs educational performance or, if there is no general education teacher, a general education teacher who is knowledgeable about the districtʹs programs to review existing data on the student including evaluations and information provided by the parents, current classroom‐based assessments and observations, and the observations of teachers and related services providers; 2. Obtain consent to conduct the evaluation according to N.J.A.C. 6A:14‐3.3(e)5; 3. Conduct an assessment according to (f)1 through 4 above. The assessment shall include written information from the classroom teacher of the educational impact created by the speech problem. Such assessment shall fulfill the requirement for multi‐disciplinary evaluation as required in (d) above; and 4. Prepare a written report of the results according to (h) below.

Evaluation‐ 6A:14‐3.4 (g) ESLS only(h) A written report of the results of each assessment shall be prepared. At the discretion of the district, the written report may be prepared collaboratively by the evaluators or each evaluator may prepare an individually written report of the results of his or her assessments. Each written report shall be dated and signed by the individual(s) who conducted the assessment and shall include: 1. An appraisal of the studentʹs current functioning and an analysis of instructional implication(s) appropriate to the professional discipline of the evaluator;2. A statement regarding relevant behavior of the student, either reported or observed and the relationship of that behavior to the studentʹs academic functioning; 3. If an assessment is not conducted under standard conditions, the extent to which it varied from standard conditions;4. When a student is suspected of having a specific learning disability…5. Additionally, each team member shall certify in writing whether his or her report is in accordance with the conclusion of eligibility of the student. If his or her report does not reflect the conclusion of eligibility, the team member must submit a separate statement presenting his or her conclusions; and …

Evaluation‐ 6A:14‐3.4 Written report

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The Eligibility Team members

Case Manager* Parent* Student, if appropriate General Education Teacher* Agencies Others* (if applicable)The Purpose of the eligibility

team is to review evaluation results and other data to determine if student meets one of the disabling conditions.

Parents should be part of the process*

Student

Educational Team

Parent

New Jersey (NJ) 2 Eligibility Categories

in NJAC (NJ Administrative Code) 6A:14

Eligible for Speech and Language Services (ESLS)NJAC 6A:14‐3.6

Eligible for Special Education and Related Services (ESERS) NJAC 6A:14‐3.5

Eligible for Special Education and Related Services NJAC 6A:14‐3

Special Education Classification of Disabilities

Preschool child with a disability (PSD)

Specific learning disability (SLD)

Intellectually disabled mild moderate severe

Auditorily impaired (Deaf or HOH)

Visual impairment

Autistic Communication impaired (CI)

CI ESLS

Multiple disabled (MD) Deaf/blindness Orthopedic impairment Other health impairment Emotionally disturbed (ED) Traumatic brain injury (TBI)

THE IEP TEAM IEP Team

Case Manager* Parent* Student School Staff*

Regular education teacher Special education teacher

Agencies Others{* SLS for ESLS cases}

The Purpose of the IEP is to develop a program and identify placements.

Placements cannot be changed without an IEP meeting

* Code mandated team members

Student

Educational Team

Parent

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• No student is eligible for Special Education and Related Services or Speech and Language Services without an IEP.

• If student is found eligible, a meeting is held to develop Individual Education Program (IEP)

Now for the IEP

THE IEP Components

PLAAFP Goals and Objectives, Benchmarks, etc Instructional Adaptations and Modifications FBA and ABA Services, if appropriate Testing Related Services Assistive Technology Needs, if appropriate Participation in Extra Curricular Activities, if appropriate Length of School Year and ESY, if appropriate Graduation Requirements (not for ESLS cases) Decision Making for LRE, Placements! Residential Placements and Education are NOT necessarily

the same! (not for ESLS cases)

Updated annually, more often if needed Team makes educational decisions

ESERS: Team consists of student*, parent, case manager, at least one GE teacher, and a SE teacher

ESLS: Team consists of student*, parent, case manager, and GE teacher

* If appropriate (student)

The IEP

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The IEP identifies how a student’s progress will be documented

The IEP identifies communication needs

The IEP identifies transition services for students ages 14+

The IEP documents related services

The IEP documents assistive technology services

The IEP

The IEP gives a student’s PLAAFP‐ (Present level of academic achievement and functional performance)

Student’s strengths and needs The IEP identifies the length of the

school day and extended school year (ESY) if needed.

The IEP

The IEP defines graduation requirements

The IEP may include a behavioral intervention plan (BIP)

The IEP identifies communication needs including augmentative devices (AAC).

Decision for removal from general education ( not for ESLS)

Transfer of rights at age of majority ‐18+

The IEP IEP is reviewed by the IEP team at

least once a year, or more often if the parents or school ask for a review

If necessary, the IEP is revised. Parents, as team members, must be

invited to attend these meetings. Parents can make suggestions for

changes, can agree or disagree with the IEP goals, and agree or disagree with the placement.*

The Review of the IEP

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At least every three years the child must be considered to be reevaluated. This evaluation is often called a "triennial."

Its purpose is to find out if the child continues to be a "child with a disability," as defined by IDEA, and what the child's educational needs are.

A meeting to determine the nature and scope of the re‐evaluation and whether or not additional information is needed or whether the information available is adequate at the time of the meeting to determine that the student is still eligible without additional assessments being conducted

Reevaluation Determination

Every step is mandated with time lines and notice requirements

Initial evaluation to determine eligibility – 90 days from date of referral(parental consent for evaluation is “referral”)

If student is found eligible, IEP development – no later than 30 days from date of eligibility determination

Annual review of IEP – yearly (one day less then anniversary date or sooner)

Re‐evaluation – every three years if warranted (60 days; plan accordingly to have student’s IEP and placement)

Needless to say EVERYTHING IS DOCUMENTED WITH WRITTEN NOTICE………

How it happened: Quick ReviewEligibility for

Special Education and Related Services or Eligible for Speech and Language Services

ESERS:May or may not have to match disability categories under

IDEAIADriven by NJ Special Education Code: # Students in a class Who can teach the class Class location (separate self contained, resource or in a

general education class.ESLS: Up to 5 students Only an SLS can provide services to address the

speech and language goals in an IEP Services can occur anywhere in the school

Class Labels

Based on NJ Special Education Code Determination of student placement made by

the TEAM where the student can best progress and academically, socially, behaviorally, or emotionally or all of the above

Mixed classification categories in one class Class labels do not = classification NJAC details the size of class NJAC details the number of staff in class

Class Labels

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Class Labels

Auditory Impairments Autism Behavioral Disabilities Cognitive

Mild Moderate SevereSee page 106‐107 of NJAC 6A:14 for class size

Learning and or Language Disabilities Mild to Moderate Severe

Multiple Disabilities Pre School Disabilities Visual Impairments

See page 106‐107 of NJAC 6A:14 for class size

Class Labels

Continuum of Placements General Education (GE) Class GE Class with Support – In class support Pull out support and supplemental instruction

Single subject Multiple subjects

Replacement Resource Room Self Contained Class in a public school Public Special Education Programs (BCSS, SBJ, etc.) Private Schools for Students with Disabilities (Sage, IEA, etc.)

Day Training (County Day Training) Residential

Continuum of Placements Districts are obligated to consider general education with supports in students’ district FIRST. Least Restrictive Environment

If students needs cannot be met in the district of local public school, another public school out of district placement is considered.

If students needs cannot be met in another public school, an out of district placement is sought in a private school for students with disabilities. Separate and Segregated.

Sending‐receiving relationship‐ District of student pays tuition to the receiving school and pays for transportation.

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Continuum of Placements

Cost of Special Education: Tuition Range from $20,000 to $120,000 Transportation costs – $10,000‐ $20,000

Continuum of Placements The district of residence develops the IEP the receiving school

implements the IEP The district of residence assigns a case manager for all out of district

students. The district of residence is responsible for all evaluations and

ensuring the IEP is being implemented

Each Year during the IEP meeting, Least Restrictive Environment MUST be discussed.

For students in out of district placements a discussion on what supports are needed to return a student to district of residence is discussed.

The NJ DOE is asking districts to return students from out of district placements.

Decision on location of services must be based on needs of child

Most caseloads would have a mix of location – speech room vs. classroom

Speech‐language is a related service meant to help a child succeed in special education; thus pull‐out is often needed until a child has achieved goals/objectives that will allow him/her to benefit from in‐class services

Continuum of Placements relative to speech‐language therapy

Common misunderstandings about the N.J.A.C. 6A:14 by speech language specialists in the schools

Criteria for Communication Impaired

Eligibility criteria for CI are the same for ages 5 through 21. That said, it is important that all parts of an evaluation be considered when determining eligibility, including test scores, informal measures and functional assessment. It is possible at any age that scores of 1 SD below the mean coupled with information derived from informal measures and functional assessment could qualify a student for services under the classification of CI.Although representatives of NJSHA have been told verbally that there are instances when students classified CI do not receive the related service of speech‐language, we have nothing in writing from the New Jersey Department of Education regarding this issue and suggest that you direct your question to county superintendent. As advocates for students with communication disorders we feel that, at a minimum, students classified CI should receive SLS services through consultation.The use of standardized testing criteria is only one of the considerations for eligibility and, according to both federal and state regulations, no one procedure may be used to determine eligibility (N.J.A.C. 6A:14‐2.5 ‐ 2). Given testing is only one measure; the functional assessment may be used if the SLS diagnoses the student with a language disorder that is affecting educational performance specifically in academics and/or social development. The functional assessment should be written based on observation demonstrating how the speech and/or language deficits impact the studentʹs ability in the classroom to grasp concepts, learn content, comprehension skills and express himself/herself verbally or in writing. Other sources of functional information should come from other stakeholders such as the teacher(s) and parent(s). This information may be gathered in a variety of ways; interviews, surveys, checklist, etc. Consider also information from testing other than scores, for example; classroom performance, off topic, inattentiveness, etc. Perform a qualitative analysis of results obtained in standardized testing and in conversational exchange. Make note of word retrieval difficulties, delays in responding, requests for repetition, rate of self‐corrections and revisions, requests for clarification, restarts, circumlocutions, pervasive structural form errors, correct information embedded in disordered information, and for disordered pragmatic and/or behaviors. All of this information supports eligibility.Next compare composite scores and subtest scores. Are there wide discrepancies that would indicate language deficits? Composite scores, especially if there are discrepancies between them, are solid scores to use to support eligibility. Subtest or individual test scores within comprehensive language tests (e.g., CELF‐5, CASL, TOLD, etc.) can support eligibility, especially if one test used meets criteria for a deficit. Finally, consider confidence intervals, which may show that a student would have met criteria had the test been given on a different day. Also remember, under N.J.A.C. 6A:14‐3.5 (c) 4., no mention is made of whether scores considered must be total test scores, composite scores or subtest scores.

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Criteria for Communication ImpairedA recent letter dated October 6, 2015 from the Department of Education, Office of Special Education Programs, provides a clarification with respect to the criteria for determining whether a student is eligible to receive speech‐language services from a speech‐language specialist in accordance with N.J.A.C. 6A:14‐3.5, (c) 4. and N.J.A.C. 6A:14‐3.6 (a). This document supports advice in this FAQ. It is advisable to read and download this letter for future reference.An SLS should give a student a diagnosis if a speech and/or language disorder exists. Diagnoses made by professionals are not based on criteria in federal or state education codes. If an SLS diagnoses a student with a speech‐language disorder, that disorder must be written into the evaluation reported. Though her/his opinion, should be respected, an SLS should never determine special education classification in isolation because this is mandated by code as a team decision. Therefore, the SLSs should not be making recommendation for services prior to an eligibility meeting.In fact, federal regulation regarding the implementation of the Individuals with Disabilities Education Act (IDEA) under 34 CFR § 300.34 Related services states:ʺ(15) Speech‐language pathology services includes—(i) Identification of children with speech or language impairments;(ii) Diagnosis and appraisal of specific speech or language impairments;ʺ

NJSHA SAC Posted on April 1, 2016 ‐ Nothing contained in this answer should be construed as legal advice or as the formal position of NJSHA. The information contained in this correspondence is informational only and may change without notice at any time. Please consult with an attorney for issues of legal significance.


ESLS IEP with Language Goals

A child with an articulation disorder who is classified as ESLS can have language goals/objectives only if a CST evaluation for language has been performed. If it is determined that the child does not need to be classified as Eligible for Special Education and Related Services under the category of Communication Impaired, the child can be determined to be eligible for speech‐language services for both articulation and language. If a language evaluation has never been performed with the CST on a child who is already classified ESLS, that child must be referred to the CST and evaluated for language following appropriate procedures under NJAC 6A:14‐3.5(c) 4 before any language goals are put on an IEP.Posted on November 9, 2013 ‐ Nothing contained in this answer should be construed as legal advice or as the formal position of NJSHA. The information contained in this correspondence is informational only and may change without notice at any time. Please consult with an attorney for issues of legal significance.


Reevaluation and parental consent

It is NJSHA SAC’s understanding that for any reevaluation, whether ESLS or ESERS by the CST, a meeting to determine need for re‐evaluation must be offered. At that meeting, as described above, the IEP team decides whether or not the reevaluation is needed, what areas of reevaluation should be completed and gets signed permission from the parent to complete a reevaluation. The code citation is found below.

6A:14‐3.8 Reevaluation (b) states ʺAs part of any reevaluation, the IEP team shall determine the nature and scope of the reevaluation according to the following:

1. The IEP team shall review existing evaluation data on the student, including:

i. Evaluations and information provided by the parents;ii. Current classroom based assessments and observations; andiii. Observations by teachers and related services providers; and2. On the basis of that review, and input from the studentʹs parents, the IEP team shall identify what additional data, if any are needed to determine: ʺ

If a parent cannot or will not attend the reevaluation meeting, the parent may be offered a phone conference followed by written permission to reevaluate being sent home. The case manager should document all attempts to have the parent participate in the meeting. We believe that a meeting should be held with or without the parent in attendance. If written permission cannot be obtained and all attempts are documented, we believe that the team or SLS may proceed with the re‐evaluation. If the child you describe is classified CI, the SLS is part of the IEP team and should have been invited to the reevaluation meeting by the CST. Even if the child is classified under another category, it would be common courtesy, at a minimum, to consult with the SLS if the team is considering a speech‐language reevaluation. Posted on November 9, 2013 ‐ Nothing contained in this answer should be construed as legal advice or as the formal position of NJSHA. The information contained in this correspondence is informational only and may change without notice at any time. Please consult with an attorney for issues of legal significance.

http://www.parentcenterhub.org/repository/speechlanguage/#day http://www.understandingspecialeducation.com/IEP‐process.html http://www.state.nj.us/education/cccs/ http://www.state.nj.us/education/specialed/idea/lre/LREWebinar.pdf http://www.udlcenter.org/aboutudl/whatisudl/3principles http://idea.ed.gov/explore/view/p/,root,regs,300,A,300%252E34 http://www2.ed.gov/parents/needs/speced/iepguide/index.html http://www.asah.org/pdf/asah_cost_analysis_final.pdf http://www.napsec.org/NAPSECCostsandOutcomes.pdf http://www.ed.gov/essa?src=rn http://www.state.nj.us/education/specialed/dyslexia/pd.shtml http://www.asha.org/uploadedFiles/Every‐Student‐Succeeds‐Act‐Key‐

Issues.pdf http://www.asha.org/uploadedFiles/Every‐Student‐Succeeds‐Act‐Key‐

Issues.pdf

Resources

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http://www.state.nj.us/education/students/irs/process.pdf http://scriptnc.fpg.unc.edu/sites/scriptnc.fpg.unc.edu/files/resources/IE

P‐Process‐Flowchart.pdf http://www.asha.org/uploadedFiles/slp/schools/prof‐

consult/slprole.pdf http://www.arsha.org/documents/The_Role_of_SLPS_in_Schools_Prese

ntation_2016.pdf http://www.projectidealonline.org/v/special‐education‐referral‐process/ http://www.state.nj.us/education/specialed/form/prise/prise.pdf http://www.parentcenterhub.org/repository/categories/#speech http://www.asha.org/uploadedFiles/Compliance‐Reporting.pdf

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